Not exact matches
In general terms, the law requires a
product meet the
ordinary expectations of the
consumer.
When it does not, the
product has an unexpected defect or danger and can not be said to meet the
ordinary expectations of the
consumer.
And, the primary issue would be whether there is any possibility that an
ordinary consumer of the type who buys that kind of
product could be confused by this and think that they were buying a
product of the owner of the trademark when they weren't actually doing so.
A
product liability lawsuit occurs when a
product does not meet the
ordinary expectations of the
consumer.
A claim for strict
products liability requires proof, in the alternative, either of the
ordinary consumer's expectations or of the risk - utility of a
product.